RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02613
INDEX CODE: 100.06
XXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge for unsatisfactory performance was unfair. He was
discharged with a medical condition that has been rated 30 percent
compensable by the Department of Veterans Affairs (DVA). He was
trying to complete technical training school with damage to his left
knee and the Air Force refused to diagnose and treat this condition.
In support of his request, applicant provided a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 22 July 2003, for a
term of 4 years.
On 20 February 2004, he was notified of his commander’s intent to
recommend that he be discharged from the Air Force under the
provisions of AFI 36-3208, Administrative Separation of Airmen,
(Unsatisfactory Performance) and receive an honorable discharge. The
reason for this action was that he failed block 2 and 3 with scores of
50%, 35%, and 65%. Minimum passing score was 70%. He was advised of
his rights in this matter and acknowledged receipt of the notification
on 20 February 2004. He waived his right to consult with counsel and
elected not to submit statements in his own behalf. In a legal review
of the case file, the base legal office found the case legally
sufficient to support discharge. The discharge authority approved
the separation and ordered an honorable discharge without probation
and rehabilitation. He was separated from the Air Force on 4 March
2004, with an honorable service characterization and received a RE
code of 2C ”Involuntarily separated with an honorable discharge; or
entry level separation without characterization of service.” He
served 7 months and 13 days on active duty.
On 26 October 2004, the applicant was informed by MRBR, that his
application could not be processed without copies of his service
medical records (SMR). On 29 November 2004, the applicant was
informed by MRBR that DVA indicated his records would not be made
available to support this case because his records are required for an
appeal to a rating decision. He was given 30 days to provide comments
concerning his service medical records and any other information
relating to this application. As of this date, no response has been
received.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a careful review of the
evidence of record, it appears the applicant failed to make
satisfactory progress in his required training program and was
disenrolled from his technical training. He was subsequently
separated for unsatisfactory performance with an honorable discharge.
We are of the opinion that evidence has not been presented which would
lead us to believe that his discharge was in error or contrary to the
governing Air Force instructions, which implement the law. Therefore,
in the absence of evidence to the contrary, we find no compelling
basis to recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2004-
02613 in Executive Session on 13 January 2005, under the provisions of
AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Jan Mulligan, Member
Mr. Garry G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 May 04 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 26 Oct 04.
Exhibit D. Letter, SAF/MRBR, dated 29 Nov 04.
RICHARD A. PETERSON
Panel Chair
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